Easton Man Enters No Contest Plea In Hunter's Death

September 10, 1985|The Morning Call

A 20-year-old Easton man entered a plea of no contest to a charge of involuntary manslaughter yesterday in Northampton County Court.

Jeffrey Robert Smith of 435 W. Madison St. entered the plea before Judge Franklin Van Antwerpen, who ordered a pre-sentence investigation. Smith faces up to five years in prison and a $10,000 fine for the offense.

Smith was charged by state police at Stockertown after they joined the state Game Commission in investigating the shooting death of 17-year-old Benjamin Davis of 1004 Ferry St., Easton.

Smith remained calm and spoke his answers, consisting of "Yes, sir" and "No, sir," in a clear voice that carried through County Council chambers, where Judge Van Antwerpen conducted afternoon proceedings because of an air conditioning breakdown.

Davis was shot in the head with a .22-caliber rifle while he, Smith, and another companion were hunting crows in Plainfield Township. Davis was wearing a complete camouflage outfit, including cap. State Game Laws dictate the wearing of blaze orange for big game hunters, but it is not required for small game hunting, said Gary Asteak, Smith's attorney.

State police investigator Delmar Wills noted that until a preliminary hearing on Feb. 26, Smith maintained he had fired only two shots, first at a chipmunk that he missed, and the second at a chipmunk that he hit. The chipmunk's carcass was found the next day. However, at the preliminary hearing, Smith said he had fired three shots.

Smith also maintained that the shot that hit Davis must have been a ricochet, but Wills noted that an autopsy report showed that the entry wound was consistent with a non-ricocheting shot, and the autopsy showed that the bullet fragmented after entering the skull.

He also said that Smith told Deputy Game Protector George Achenbach, "If only Buddy didn't pop his head up that way," as he was leading him into the woods where Davis lay.

Assistant District Attorney Daniel Spengler said that Smith "was almost hysterical, very emotional" when the ambulance crew came to take Davis, described as his best friend, to the hospital.

But Wills also said that neighbors saw Smith driving from the area at a high rate of speed before making a U-turn and going to a neighboring house to summon aid.

Spengler, noting that Smith's sunglasses were found near Davis, said, "We feel certain he knew he'd shot his friend, and ran to him." But he added, "By no means do we believe (the shooting) was intentional."

Asteak noted that Smith was entering the no contest plea against his advice. "It might be best to take this to trial," Asteak said, but "but he's 20 years old, he's never been in trouble before, and he's scared.

"He relies on the mercy and understanding of the court," Asteak said, noting that President Judge Alfred T. Williams Jr. had already termed the case a close one. "He believes it was a tragedy. It was his best friend who died."